4.1 DSH Legislation

The relevant provisions of subsection 4(1) are:

Eligible person means a person who —

(a) is an Australian soldier;

...

and includes a widow, widower or dependent parent of a person specified in any of the paragraphs (a) to (g) of this definition;

Australian Soldier means a person who, ... during the warlike operations in or in connection with Korea after 26 June 1950 or the warlike operations in or in connection with Malaya after 28 June 1950 —

(a)is or was a member of the Naval, Military or Air Forces of Australia enlisted or appointed for or employed on active service outside Australia or on a ship of war; or

(b)is or was a member of any nursing service maintained by the Commonwealth in connection with the Defence Force of the Commonwealth or any part thereof accepted or appointed for service outside Australia; or

(c)served in the Naval, Military or Air Forces of any of the King's Dominions, other than the Commonwealth, and who proves to the satisfaction of the Secretary that he had, before his enlistment or appointment for service, resided in Australia or a Territory; or

(d)was a member of any nursing service maintained by the Government of any part of the King's Dominions other than the Commonwealth, in connection with the Naval, Military or Air Forces of that part, and who proves to the satisfaction of the Secretary that she had, before her appointment to that service, resided in Australia or a Territory,

...

and includes

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(gc) a member of the Defence Force who is taken, because of section 6D of the Veterans' Entitlements Act 1986, to have rendered operational service (within the meaning of that Act);

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(j)a person who —

(i)was appointed for service outside Australia as a representative of an approved welfare organisation with a body, contingent or detachment of the Defence Force;

(ii)as such, served outside Australia on or after the third day of September, 1939, with that body, contingent or detachment; and

(iii)would, if during that service he had been a member of the Defence Force allotted for duty with that body, contingent or detachment, be, by reason of that service, an Australian soldier as defined by a provision of this definition other than paragraph (h) or (i) or this paragraph;

Subsection 4(2)  For the purposes of the definition of Australian Soldier in subsection (1), a person shall not be taken to be an Australian soldier in relation to the warlike operations in or in connection with Korea after 26 June 1950, or the warlike operations in or in connection with Malaya after 28 June 1950, unless –

(a) that person was allotted for duty in an operational area within the meaning of subsection 5B(2), of the Veterans' Entitlements Act 1986 in connection with those operations before 1 September 1957 and, if he was so allotted while in Australia, or in the part of the Queen's dominions other than the Commonwealth, as the case may be, he left the last port of call in Australia or in that other part of the Queen's dominions before that date for the purpose of serving in connection with those operations; or

(b) that person, not being a person to whom paragraph (a) applies served, on or after 1 September 1957 and before 28 May 1963, in an area prescribed to be, or to have been, an operational area for the purposes of this paragraph.

Subsection 4(2B)  For the purposes of paragraph (c) of the definition of Australian Soldier in subsection (1), a person shall not be taken to have served in the Naval, Military or Air Forces of any part of the King's Dominions, other than the Commonwealth, unless he served in such Forces –

(a) in an operational area outside the country or place of his enlistment or appointment for service; or

(b) as a combatant in an active combat unit.